Legal Definitions - Subpoena

A subpoena is a formal written order issued by a court or an administrative body that legally compels an individual to appear at a specific time and place to provide testimony. This testimony is typically given under oath, either in court, at a deposition (an out-of-court sworn testimony), or before another official proceeding. Failing to obey a subpoena without a valid legal reason can result in serious penalties, including being held in contempt of court.

• Example 1: Civil Lawsuit for Breach of Contract
  Imagine a small business owner, Sarah, is suing a supplier for failing to deliver goods as per their contract, causing her significant financial loss. Sarah's lawyer believes that a former employee of the supplier, Mark, has crucial information about the supplier's internal operations that would prove they intentionally breached the contract. Mark, however, is reluctant to get involved. Sarah's lawyer can issue a subpoena to Mark, legally requiring him to appear at a deposition and provide testimony under oath about what he knows. This ensures that Mark's vital information is presented as evidence in the case, even if he would prefer not to participate voluntarily.

• Example 2: Criminal Trial for Assault
  During a criminal trial where a defendant is accused of assault, the prosecution needs a key eyewitness, David, to testify about what he saw happen. David initially gave a statement to the police but has since become nervous about testifying in open court. To ensure David's presence and testimony, the prosecutor can issue a subpoena. This legal order compels David to appear in court on the specified date and recount his observations under oath, which is essential for the jury to hear and consider as evidence against the defendant.

• Example 3: Professional Licensing Board Hearing
  A state medical board is investigating a complaint of professional misconduct against a doctor. As part of their inquiry, the board needs to hear from a nurse, Emily, who worked closely with the doctor and may have witnessed the alleged misconduct. Emily is hesitant to testify against her former colleague. The medical board, acting as an administrative body with legal authority, can issue a subpoena to Emily. This order legally obligates her to appear before the board's hearing panel and provide sworn testimony regarding her observations, which is critical for the board to make an informed decision about the doctor's license.